RAM PYARI Vs. STATE

JUDGEMENT

(1.) THIS appeal has arisen out of judgment dated 19 -5 -1979 recorded by I Addl. District and Sessions Judge, Hardoi convicting the appellants, namely, Ram Pyari and Smt. Champa u/secs. 302/34, IPC and sentencing them to life imprisonment. Alongwith them Matroo was also convicted under section 201, IPC but during pendency of appeal Matroo died. Therefore, this appeal abated so far as Matroo is concerned.

(2.) THE prosecution case as set out in the FIR, was to the effect that about 4 or 5 months prior to the occurrence Matroo's younger son had died and about a month prior to the occurrence Shiv Charan had also died. Upon this Panchayat was held in the village in which Shiv Charan's wife Champa appellant and Matroo's wife Smt. Ram Pyari appellant had levelled allegations that those two deaths had taken place on account of witch -craft practised by Smt. Badala deceased. However, the Village Panchayat ended in a fiasco without any decision.

(3.) THE dead body of Smt. Badala was recovered from the river by the villagers on 5 -10 -1975 and thereafter on the same day inquest was conducted on the dead body of Badal a by PW 10 S.I. Abdul Gaffar Warsi. PW 9 Dr. J.K. Verma conducted post -mortem examination on 6 -10 -1975 at 11.00 a. m. and found six ante -mortem injuries in all, all of which were incised wounds on the neck and head region. In his opinion, Smt. Badala had died on account of ante -mortem injuries.